Supreme Court gay-marriage decision doesn’t deter conservatives

People celebrate the Supreme Court's gay marriage decision in the Castro neighborhood in San Francisco, California, on Friday, June 26, 2015.

People celebrate the Supreme Court's gay marriage decision in the...

Even as celebrations erupted across the nation Friday to mark the historic Supreme Court decision legalizing same-sex marriage, determined conservative and religious activists were already mulling their next move and vowing to continue a battle that could affect the 2016 presidential race.

“The fight isn’t over, because we still believe marriage is between one man and one woman,” said Karen England, executive director of Sacramento’s Capitol Resource Institute, which backed Proposition 8, a 2008 state ballot measure that banned same-sex marriage. With Friday’s 5-4 court decision, she said, “the real rub is going to come with the religious freedom question ... and whether we will be asked to advocate, participate and celebrate this new definition of marriage.”

Frank Schubert, the Sacramento political strategist behind Prop. 8’s successful drive, said the court’s decision will spark “important legislation like a First Amendment defense act” to protect religious liberties. But that’s just the start of how social conservatives will react, he predicted: “You will see a lot of effort ... everything from a proposed federal marriage amendment to calls for a constitutional convention.”

At the national level, he said, it will result in “a major effort in the presidential contest to make sure that a pro-marriage Republican is nominated — that will be a top priority,” he said.

The office of San Francisco Archbishop Salvatore Cordileone, asked for reaction to the ruling, referred reporters to a statement from the U.S. Conference of Catholic Bishops’ head, Archbishop Joseph E. Kurtz of Louisville: “Just as Roe v. Wade did not settle the question of abortion over forty years ago, Obergefell v. Hodges does not settle the question of marriage today,” he said. “Neither decision is rooted in the truth, and as a result, both will eventually fail.”

Photo: Sarah Rice, Special To The Chronicle

A banner that says "It's Not Over" is unfurled in the Castro in San Francisco, Calif., on Friday, June 26, 2015.

A banner that says "It's Not Over" is unfurled in the Castro in San...

The words, coming as Democrats and lesbian, gay, bisexual and transgender activists on the steps of City Hall lauded the decision as the beginning of a new era, signaled social and religious conservatives’ steely determination to move ahead with efforts to counter the Supreme Court decision.

Central to their battles will be the fight for so-called religious rights or religious freedom legislation — bills social conservatives say will protect them from having to provide services to people, including LGBT couples, in instances they believe would compromise their religious or ethical values.

Critics suggest that states like Indiana are trying to sidestep antidiscrimination legislation by shielding businesses that fire LGBT employees, landlords who evict gay tenants or businesses that refuse to serve gay and lesbian customers.

Other political battles also are in the works.

Just hours after the Supreme Court decision, England’s organization was among those prepared to begin collecting 366,000 signatures needed by December to place its new “Privacy for All” ballot petition on California’s November 2016 ballot. The measure, designed to counter efforts by some transgender rights groups, requires individuals to use government and school facilities for the sex they were “assigned at birth” — and allows for claims of up to $4,000 for those who violate the law.

Photo: Evan Vucci, Associated Press

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Republican presidential candidates criticized the decision that led to the White House being lit in rainbow colors.

Republican presidential candidates criticized the decision that led to the White House being lit in rainbow colors.

Photo: Evan Vucci, Associated Press

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Same-sex marriage supporters hold up balloons that spell the words "love wins" as they stand in front of the White House, which is lit up in rainbow colors in commemoration of the Supreme Court's ruling to legalize same-sex marriage, on Friday, June 26, 2015, in Washington. Gay and lesbian couples in Washington and across the nation are celebrating Friday's ruling, which will put an end to same-sex marriage bans in the 14 states that still maintain them. (AP Photo/Pablo Martinez Monsivais) less

Same-sex marriage supporters hold up balloons that spell the words "love wins" as they stand in front of the White House, which is lit up in rainbow colors in commemoration of the Supreme Court's ruling to ... more

Photo: Pablo Martinez Monsivais, Associated Press

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Jim Rinefierd (left) and fiancé Dan Anderson share a moment in San Francisco's Castro neighborhood on Friday, June 26, 2015. Earlier in the day, the Supreme Court declared same-sex marriage legal In all 50 states. less

Jim Rinefierd (left) and fiancé Dan Anderson share a moment in San Francisco's Castro neighborhood on Friday, June 26, 2015. Earlier in the day, the Supreme Court declared same-sex marriage legal In all 50 ... more

Photo: Loren Elliott, The Chronicle

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Joe Capley-Alfano (right) holds Frank Capley-Alfano, who were married in June of 2008, as they listen to speakers at a press conference at City Hall on Friday, June 26, 2015 in San Francisco, Calif. The Supreme Court decided that gays and lesbians have the right to marry nationwide. less

Joe Capley-Alfano (right) holds Frank Capley-Alfano, who were married in June of 2008, as they listen to speakers at a press conference at City Hall on Friday, June 26, 2015 in San Francisco, Calif. The Supreme ... more

Photo: Lea Suzuki, The Chronicle

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A pride flag, put up after the Supreme Court ruled in favor of same-sex marriage, covers a window at City Hall in San Francisco, California, on Friday, June 26, 2015. The Fourteenth Amendment requires a state to license a marriage between two people of the same sex. less

A pride flag, put up after the Supreme Court ruled in favor of same-sex marriage, covers a window at City Hall in San Francisco, California, on Friday, June 26, 2015. The Fourteenth Amendment requires a state ... more

Photo: Loren Elliott, The Chronicle

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Rick Santorum, former U.S. senator from Pennsylvania and 2016 Republican presidential candidate, speaks during the Faith and Freedom Coalition's "Road to Majority" conference in Washington, D.C., U.S., on Friday, June 19, 2015. The annual Faith & Freedom Coalition Policy Conference gives top-tier presidential contenders as well as long shots a chance to compete for the large evangelical Christian base in the crowded Republican primary contest. less

Rick Santorum, former U.S. senator from Pennsylvania and 2016 Republican presidential candidate, speaks during the Faith and Freedom Coalition's "Road to Majority" conference in Washington, D.C., U.S., on ... more

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Louisiana Gov. Bobby Jindal announces his candidacy for President in Kenner, La., Wednesday, June 24, 2015.

Louisiana Gov. Bobby Jindal announces his candidacy for President in Kenner, La., Wednesday, June 24, 2015.

Photo: Gerald Herbert, Associated Press

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FILE - In this June 20, 2015, file photo, Democratic presidential candidate Hillary Rodham Clinton speaks at the U.S. Conference of Mayors 83rd Annual Meeting in San Francisco. Clinton’s presidential campaign jumped on the Supreme Court decision, changing its red campaign logo to a rainbow colored H, releasing a gauzy video of gay wedding ceremonies, and blasting out supportive tweets aimed at building its campaign list. But like President Barack Obama, such expressions of support mark a remarkable shift for Clinton, who opposed gay marriage for more than two decades as a first lady, a U.S. senator and a presidential candidate. less

FILE - In this June 20, 2015, file photo, Democratic presidential candidate Hillary Rodham Clinton speaks at the U.S. Conference of Mayors 83rd Annual Meeting in San Francisco. Clinton’s presidential campaign ... more

Photo: Mathew Sumner, Associated Press

Supreme Court gay-marriage decision doesn’t deter conservatives

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Already, LGBT and progressive groups have formed a coalition to battle the effort headed by the conservative Pacific Research Institute.

England argues that the issue is not directly related to same-sex marriage, but involves two issues of equal concern to social conservatives: privacy and government rules on issues like children’s upbringing. Those will fire up the same church members, Tea Party activists and social conservatives who have supported similar efforts in the past, she predicted.

On the national front, House Republican Study Committee Chairman Bill Flores of Texas on Friday released a call for legislative action, saying that “millions of Americans have voted to preserve traditional marriage,” and they must have the right “to decide this question for themselves, at the ballot box or through their state legislature.” He said “the first step is protecting the rights of religious organizations and schools to live according to their beliefs without facing retribution from the federal government.”

Some GOP White House contenders already are seeing the value of such appeals.

The response by Jeb Bush, the former Florida governor, was carefully measured, saying that in the wake of Friday’s decision, “It is now crucial that as a country we protect religious freedom and the right of conscience and also not discriminate.”

Photo: Alex Wong

Republican U.S. presidential hopeful and former Florida Governor Jeb Bush speaks during the "Road to Majority" conference June 19, 2015 in Washington, DC. Conservatives gathered at the annual event held by the Faith & Freedom Coalition and Concerned Women for America held the annual event to discuss politics.

Republican U.S. presidential hopeful and former Florida Governor...

But former Pennsylvania Sen. Rick Santorum and Louisiana Gov. Bobby Jindal — both aggressively vying for the same conservative vote bloc — were far more critical, with Jindal even suggesting to an Iowa audience Friday that “if we want to save some money, let’s just do away with the court.”

Such moves may play well with social conservatives and “absolutely will affect who they support” in the 2016 presidential race, England said. “Even for some Christians sitting on the sidelines, this issue of religious freedom, and people being persecuted for their beliefs, has energized the base — and it will certainly be a divide within the party.”

Bill Whalen, a fellow at the conservative Hoover Institution at Stanford University, said the same-sex marriage ruling may become part of the 2016 discussion, but most GOP candidates won’t directly raise it.

The issue of same-sex marriage “may fire up evangelical voters, but I have a hard time imagining that in the last weeks of 2016 this will be a defining issue,” Whalen said. GOP White House candidates will be “talking about the economy and foreign policy.”

But Republicans who hope to be in the running in a crowded White House field are also likely to address a directly related issue that does resonate with social conservatives, he acknowledged.

“The back of the (GOP) pack will speak of the horror” of the same-sex decision and its religious and ethical implications, he said. “And the front of the pack will talk about the Supreme Court” and how the next president, who may name as many as four new nominees to the bench, “can shape the Supreme Court for the next 25 years.”

*Former Florida Gov. Jeb Bush: “Guided by my faith, I believe in traditional marriage. I believe the Supreme Court should have allowed the states to make this decision. I also believe that we should love our neighbor and respect others, including those making lifetime commitments. In a country as diverse as ours, good people who have opposing views should be able to live side by side. It is now crucial that as a country we protect religious freedom and the right of conscience and also not discriminate.”

*Former Pennsylvania Sen. Rick Santorum: “Today, five unelected justices decided to redefine the foundational unit that binds together our society without public debate or input. Now is the people’s opportunity to respond because the future of the institution of marriage is too important to not have a public debate. The Court is one of three co-equal branches of government and, just as they have in cases from Dred Scott to Plessy, the Court has an imperfect track record. The stakes are too high and the issue too important to simply cede the will of the people to five unaccountable justices.”

*Louisiana Gov. Bobby Jindal: “The Supreme Court is completely out of control, making laws on their own, and has become a public opinion poll instead of a judicial body. If we want to save some money let’s just get rid of the court. Hillary Clinton and The Left will now mount an all-out assault on Religious Freedom guaranteed in the First Amendment. Regardless of your views on marriage, all freedom loving people must pledge to respect our first amendment freedoms.”

*Former Secretary of State Hillary Rodham Clinton: “Along with millions of Americans, I am celebrating today’s landmark victory for marriage equality, and the generations of advocates and activists who fought to make it possible. From Stonewall to the Supreme Court, the courage and determination of the LGBT community has changed hearts and changed laws.”